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ORTIZ v. CIOX HEALTH LLC

No. 26.

37 N.Y.3d 353 (2021)

179 N.E.3d 635

157 N.Y.S.3d 822

2021 NY Slip Op 06425

HECTOR ORTIZ, as Temporary Administrator of the Estate of VICKY ORTIZ, Deceased, Individually and on Behalf of All Others Similarly Situated, Appellant, v. CIOX HEALTH LLC, as Successor in Interest to IOD, INC., et al., Respondents.

Court of Appeals of New York.

Decided November 18, 2021.

Attorney(s) appearing for the Case

Reese LLP, New York City ( Sue J. Nam and Michael R. Reese of counsel), for appellant.

Kirkland & Ellis LLP, New York City ( Jay P Lefkowitz , Gilad Bendheim and Alec Webley of counsel), and Hodgson Russ LLP, Buffalo ( Jodyann Galvin of counsel), for Ciox Health, LLC, respondent.

Epstein Becker & Green, P.C., New York City ( John Houston Pope of counsel), for New York and Presbyterian Hospital, respondent.

Manatt, Phelps & Phillips, LLP, New York City ( Ronald G. Blum , Robert D. Belfort and Julian Polaris of counsel), for Greater New York Hospital Association and another, amici curiae.

Goldberg Sagalla LLP, Buffalo ( Christopher J. Belter and James D. Macri of counsel), for Association of Health Information Outsourcing Services, amicus curiae.

Holwell Shuster & Goldberg LLP, New York City ( Daniel M. Sullivan , Vincent Levy and Meredith J. Nelson of counsel), for Chamber of Commerce of the United States of America, amicus curiae.

OPINION OF THE COURT

The United States Court of Appeals for the Second Circuit has asked this Court whether an implied private right of action for damages exists for violations of Public Health Law § 18(2)(e), which limits the reasonable charge for paper copies of medical records to $0.75 per page. Applying our well-settled...

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